D. RETROGRESSION OF THE INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE

It has been necessary to retrogress the India Employment Second preference cut-off date for June to keep visa issuances within the annual category numerical limit. At this time, it is not possible to estimate whether or not this retrogression will apply throughout the remainder of the fiscal year.

E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE REMAINDER OF FY 2009

Applicant demand for numbers, primarily for adjustment of status cases at Citizenship and Immigration Services offices, has been extremely heavy throughout the year. As a result, visa availability during the final quarter could become limited as categories approach their annual numerical limits. Therefore, visa availability throughout the remainder of the year cannot be guaranteed, and the establishment of cut-off dates, or retrogression of existing cut-off dates, cannot be ruled out.